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(c) 2010-2026 Jon L Gelman, All Rights Reserved.

Saturday, October 11, 2014

"Padgett," or "Florida Workers' Advocates," A Rose by Any Other Name

Today's post is shared from authored by The Honorable David Langham is the Deputy Chief Judge of Compensation Claims for the Florida Office of Judges of Compensation Claims and Division of Administrative Hearings. Contact him at david_langham@doah.state.fl.us. It is shared from his blog lojcc.blogspot.com/
I traveled to the International Association of Industrial Accident Boards and Commissions (IAIABC) convention in Austin, Texas last week. It was their 100th anniversary convention. Amazing that this convention has been meeting for 100 years when you reflect that workers' compensation itself just reached its 100th American anniversary.
I sat quitely in the Commissioner's Forum on Tuesday afternoon, listening to what is going on around the world and the industry. There were 41 leaders on the panel, which makes for a very diverse discussion of what is being tried, what has worked and what has not.
The discussion was led by Dwight Lovan of Kentucky, who will be the IAIABC President for the next year. He somehow noticed when I entered the room, and called upon me to give what perspective I could on "that constitutional case in Florida."
He is not alone in his interest. I hear from other states periodically. They are curious. There is much discussion about the "what" of the case, that is what conclusions the trial judge reached, and what that means. There is ample disagreement about this in the legal world. There is also much discussion still about...
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Injury Statistics by Race Go Uncollected



Brad McClellan, an Austin lawyer, became convinced a few years ago that one of his clients, a black man who had been horribly injured at a smelting plant in West Texas, faced discrimination from the insurance company handling his workers’ compensation benefits.
Then as he pondered the long line of black and Hispanic workers seeking his legal help, Mr. McClellan wondered if injured minorities, statistically speaking, received equal treatment when they requested benefits or faced disputes.
The answer, contained in an email from the Texas Division of Workers’ Compensation, surprised him: It is virtually impossible to know.
The state agency has not compiled useful racial statistics for years on injured workers, despite a 1993 state law that requires the division to maintain information on the race and gender of every valid injury claim, known as a “compensable injury.”
“Please note that race and ethnicity are rarely reported and, as discussed, inaccurate and incomplete,” the agency told Mr. McClellan in September. “Therefore, these numbers cannot be extrapolated for analysis.”


A spokesman for the division, John Greeley, acknowledged that the agency did not maintain racial information on every compensable injury. If employees do not disclose their race or ethnicity, he said, the state does not reject the claim or halt processing. In addition, the electronic forms that insurers send in have no field for race.
“We have some data...
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Friday, October 10, 2014

Motor Vehicle Crash Injuries

Today's post was shared by Take Justice Back and comes from www.cdc.gov

Motor vehicle crashes are a leading cause of injury in the US—harmful and expensive.

What works to prevent crash injuries?
  • Using primary enforcement seat belt laws that cover everyone in the car. A primary enforcement law means a police officer can pull over and ticket a driver or passenger for not wearing a seat belt. A secondary enforcement law means a police officer can ticket a driver or passenger for not wearing a seat belt only if the driver has been pulled over for some other offense.
  • Having child passenger restraint laws that require car seat or booster seat use for children age 8 and under, or until 57 inches tall, the recommended height for proper seat belt fit.
  • Using sobriety checkpoints, where police systematically stop drivers to check if they are driving under the influence of alcohol.
  • Requiring ignition interlocks for people convicted of drinking and driving, starting with their first conviction. Ignition interlocks check and analyze a driver's breath and prevent the car from starting if alcohol is detected.
  • Using comprehensive graduated driver licensing (GDL) systems, which help new drivers gain skills in low-risk conditions. As drivers move through the different stages, they receive more driving privileges, such as driving at night or with passengers. Every state has GDL, but the specific rules vary.
Each of these strategies can prevent injuries and save medical costs. Much has been done to help keep people safe on the road, but no...
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Workers’ comp claim led to firing, suit states

BECKLEY — A Raleigh County man is suing over claims he was fired after returning from a leave of absence to recover from a workplace injury.

WorkersCompClaim

Dale Davis filed a lawsuit Aug. 29 in Raleigh Circuit Court against Kentucky Fuel Corporation, citing wrongful discharge.

According to the complaint, Davis was employed as a truck driver by the defendant in October 2013, when he was involved in a collision while riding in the passenger’s seat of a company vehicle. Davis says he received workers’ compensation, including a six-week leave of absence, but when he returned, he was laid off after only three days. The complaint states other employees who had just returned to work were also laid off. The defendant is accused of wrongful discharge, workers’ compensation discrimination and disability discrimination.

Davis is seeking back pay and benefits, damages, attorneys’ fees and reinstatement or front pay. He is being represented in the case by attorneys Stephen B. Farmer and Matthew H. Nelson of Farmer, Cline and Campbell in Morgantown. The case has been assigned to Circuit Judge John A. Hutchison.

Raleigh County Circuit Court case number: 14-C-855

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Truck firm, driver sued over crash that killed 4 softball players

Today's post was shared by Take Justice Back and comes from www.dallasnews.com

Two lawsuits have been filed in Tarrant County against Quickway Transportation and its driver, Russell Wayne Staley of Saginaw, following a Sept. 26 crash that killed four college softball teammates.
The parents of Brooke Deckard filed their suit in district court Monday. Deckard, 20, of Blue Ridge; Jaiden Pelton, 19, of Telephone; Meagan Richardson, 19, of Wylie; and Katelynn Woodlee, 18, of Dodd City were killed in the wreck.
Staley’s northbound truck crossed the grass median of Interstate 35 about 47 miles into Oklahoma and slammed into the southbound bus that was returning the team to North Central Texas College in Gainesville after a game.
Another lawsuit was filed Friday on behalf of Rachel Hitt, 19, of Scurry. She was one of two players, both from Kaufman County, who required several days of hospital treatment.
Each suit seeks a jury trial and more than $1 million in damages.
The suits accuse 53-year-old Staley of distracted driving and say that Quickway was negligent in letting him drive.
Investigations into the crash are expected to take several weeks. The Oklahoma Highway Patrol is conducting a criminal investigation. The National Transportation Safety Board is conducting a safety investigation that could lead to possible road improvements at the site near Davis, Okla.
Investigators have said the truck left the roadway at highway speed, 70 mph, and crossed about 950 feet of median without braking or swerving. However, some deceleration may have occurred, and no...
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Safety, sanitary problems prompt scores of drug recalls

Today's post was shared by Take Justice Back and comes from www.usatoday.com



Eloise Soler at her home near Oso Bay, Texas. Soler was sickened by contaminated medication that she received during heart surgery at the Corpus Christi Medical Center. Tests showed that Soler and others were sickened by Rhodococcus equi, a soil bacteria that typically infects horses and other grazing animals.(Photo: Todd Yates for USA TODAY)
The infection came out of nowhere, 36 hours after Eloise Soler's heart surgery last summer at the Corpus Christi Medical Center in South Texas. As her fever spiked to 103, other patients developed similar symptoms. Doctors raced to pinpoint the cause.
Tests showed that all of the patients had been sickened by the same bacteria, Rhodococcus equi, which typically infects horses and other grazing animals, and they all fell ill after infusions of the same drug, calcium gluconate.
The drug was made 200 miles away by Specialty Compounding, which sits in a category of pharmacies that mix unique or hard-to-find drugs not only for individual patients, but also in batches for doctors and hospitals. By the time the company recalled the medication days later, investigators believed it had sickened at least 15 people; two had died.
"You think because there are so many controls on drugs that you're not going to be given something that will make you sick," says Soler, 60, who spent months recovering. "I just couldn't believe it."
Two years after contaminated drugs linked to a compounding pharmacy in Massachusetts killed 64 and...
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.

Consequences of asbestos: New laboratory installed for research into pleural cancer

Today's post was shared by WCBlog and comes from www.sciencedaily.com


Click to enlarge

At the Comprehensive Cancer Center Vienna of the Medical University of Vienna and the Vienna General Hospital interdisciplinary research collaboration with a focus on translational thoracic oncology has been in place for some years. In addition to lung cancer, the main focus is on pleural mesothelioma (pleural cancer). Michael Grusch from the Institute for Cancer Research at the MedUni Vienna says: "Until recently, pleural mesothelioma was regarded as a rare disease. Unfortunately, this is changing now. One of the main causes triggering the disease is asbestos. The long incubation period for this disease means that the damage done 20, 30 years ago is just coming to light now. A reputable study predicts that, by 2029, 250,000 people will die of pleural cancer in Europe."
Says thoracic surgeon Mir Alireza Hoda: "We are very struck by the fact that we are increasingly seeing younger patients between 30 and 50 years old. Earlier it mainly affected people over 65." Pleural mesothelioma is treated with a combination of chemotherapy, surgery and radiotherapy. Says Hoda: "Our goal is to find markers for mesothelioma and to develop personalized approaches to treatment. There still aren’t any but they would help us to select the right treatments for the patients affected." This could have a decisive impact on improving the success of treatment as, at present, the average survival rate after diagnosis is nine to twelve months.
The...
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Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thompson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thompson-Reuters). For over 4 decades the Law Offices of Jon L Gelman  1.973.696.7900  jon@gelmans.com  have been representing injured workers and their families who have suffered occupational accidents and illnesses.